CARBONDALE - Less than three months before smoking in public buildings is snuffed out statewide, Illinoisans got their first look at proposed details of the ban Friday when the latest edition of the Illinois Register was released.

The register includes both the law and proposed details of the ban, which are subject to change. Among those details are two pages outlining patios where smoking would be allowed.

The definitions of a patio include an open air element, such as open space, the use of permeable materials or a combination of the two.

Like the smoking buffer that applies to individuals, any smoking patio would have to be located at least 15 feet from the nearest door, window or point of ventilation.

Since Gov. Blagojevich signed the ban last August, restaurant and bar owners have complained about a lack of details in the legislation.

To that end, City Councilor Mary Pohlmann said she was unclear on the matter of service being extended to patios.

"I still haven't clarified if employees are able to go out into those areas themselves," she said. "It's a little hard to make out what it all means."

Mariam Link-Mullison, administrator for the Jackson County Health Department, agreed the version of the ban in the register doesn't completely clear up this question.

"The law states, 'Employers cannot require employees to enter an environment where smoking is occurring,'" she said, before acknowledging the possibility that some might try to distort the language. "I would anticipate some better clarification."

Angie Bailey, director for health education at the Jackson County Health Department, said what the law states "is the only thing that's written in stone; rules and regulations will clarify this."

Link-Mullison said her office has been fielding regular calls about the possibility of smoking on patios.

"We are getting a lot of questions, and I know the State Health Department has gotten a number of questions," she said. "I still don't know exactly how it's going to look in Jackson County. We have a lot of work to do between now and Jan. 1 in terms of implementation."

In Carbondale, Chamber of Commerce President Meredith Rhoads said she has yet to receive a phone call on the matter. Meanwhile, Rob Keehn, the city's planning manager said there has been only one application for a beer garden, which was filed by the owners of the Cellar.

The legislation can be changed during the 45-day comment period which began Friday.

blackwell.thomas@thesouthern.com

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